Case No. IT-05-88-PT
IN TRIAL CHAMBER II
Before:
Judge Carmel Agius, Pre-trial
Judge
Registrar:
Mr. Hans Holthuis
Order of:
17 March 2006
THE PROSECUTOR
v.
VUJADIN
POPOVIC
LJUBISA BEARA
DRAGO NIKOLIC
LJUBOMIR BOROVCANIN
ZDRAVKO TOLIMIR
RADIVOJE MILETIC
MILAN GVERO
VINKO PANDUREVIC
MILORAD TRBIC
_______________________________________________
FURTHER ORDER RELATING TO “VINKO PANDUREVIC’S REQUEST FOR PRESCRIBING THE TIME LIMIT FOR THE DEFENCE TO NOTIFY THE PROSECUTOR OF ITS INTENT TO OFFER THE DEFENCE OF ALIBI"
_______________________________________________
The Office of the Prosecutor:
Mr. Peter McCloskey
Counsel for the Accused:
Zoran Živanovic
for Vujadin Popovic
John Ostojic for Ljubisa Beara
Jelena Nikolic and
Stéphane Bourgon for Drago Nikolic
Alexander Lazarevic and
Miodrag Stojanovic for Ljubomir Borovcanin
Natacha Fauveau Ivanovic for
Radivoje Miletic
Dragan Krgovic for
Milan Gvero
Peter Haynes and Đorđe
Sarapa for Vinko Pandurevic
Colleen Rohan and Vesna Janjic
for Milorad Trbic
I, Carmel Agius, Judge of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 ("Chamber");
HAVING DESIGNATED MYSELF pre-trial Judge in the case of Prosecutor v. Vujadin Popovic, Ljubisa Beara, Drago Nikolic, Ljubomir Borovcanin, Zdravko Tolimir, Radivoje Miletic, Milan Gvero, Vinko Pandurevic and Milorad Trbic, Case No. IT-05-88-PT;1
NOTING the "Order Relating to 'Vinko Pandurevic’s Request for Prescribing the Time Limit for the Defence to Notify the Prosecutor of its Intent to Offer the Defence of Alibi', issued on 8 February 2006, in which I ordered "that all accused in the present case shall notify the Prosecutor of its intent to offer a defence of alibi, pursuant to Rule 67(A)(i)(a), or any special defence, pursuant to Rule 67(A)(i)(b), before Friday 3 March 2006";
NOTING the "Defence’s Request for an Extension of Time" filed by Counsel for the Accused Popovic on 28 February 2006, in which Counsel asked for an extension of time to file a notification to the Prosecutor of its intent to offer the defence of alibi or other special defence until further disclosure by the Prosecution would have taken place and until after the Trial Chamber would have taken a decision on the motions challenging the form of the indictment;
NOTING the "Defendant Milorad Trbic’s Request for Extension of Time in which to Notify Prosecution of Rule 67((A) Defence”, filed by Counsel for the Accused Trbic on 2 March 2007, in which this Counsel also asked for an extension of time to file such a notification on similar grounds as Counsel for Popovic;
CONSIDERING that, as noted in the Order of 8 February 2006, it would be useful, for a proper preparation of the case for trial, that such a notification would come at the earliest possible moment, in order for all parties involved to prepare itself for any such defences;
CONSIDERING however, that all Accused will be in a better position to notify the Prosecution of any such alibi or other special defence, once a decision by the pre-trial Chamber has been taken on the motions challenging the present indictment and all Accused are in a position to fully appreciate the case that the Prosecution is required to bring against them;
PURSUANT to Rules 54 and 67 of the Rules;
HEREBY ORDERS that all accused in the present case shall notify the Prosecutor of its intent to offer a defence of alibi, pursuant to Rule 67(A)(i)(a), or any special defence, pursuant to Rule 67(A)(i)(b), within 3 weeks after the pre-trial Chamber has issued its decision on the pending motions challenging the present indictment.
Done in English and French, the English version being authoritative.
Dated this seventeenth day of March 2006,
At The Hague
The Netherlands
____________________________
Judge Carmel Agius
Pre-trial Judge
[Seal of the Tribunal]